Appeal No. 2007-0168
Application No. 10/127,927
ORDER
Accordingly, it is ORDERED that the Examiner take appropriate
action consistent with current practice and procedure to (1) supply accurate
translations of all the foreign prior art references relied upon in the grounds
of rejection set forth in the Answer, and (2) clarify the statement of the
grounds of rejection as discussed above, including identifying the second
ground of rejection as a new ground of rejection if US ‘935 is included in
any respect in the statement of this ground in response to this Order.
We hereby remand this application to the Examiner, via the Office of
a Director of the Technology Center, for appropriate action in view of the
above comments..
This Remand is made for the purpose of directing the Examiner to
further consider the grounds of rejection. Accordingly, if the Examiner
submits a Supplemental Answer to the Board in response to this Remand,
“[A]ppellant must within two months from the date of the [S]upplemental
[E]xaminer’s [A]nswer exercise one of” the two options set forth in
37 C.F.R. § 41.50(a)(2) (2006), “in order to avoid sua sponte dismissal of
the appeal as to the claims subject to the rejection for which the Board has
remanded the proceeding,” as provided in this rule.
REMANDED
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